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HomeMy WebLinkAboutF-9 Staff Report - Declaration of Surplus Land 622 and 624 N. San GabrielCONSENT ITEM F-9 TO: MEMBERS OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE CITY OF AZUSA REDEVELOPMENT AGENCY VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 19, 2021 SUBJECT: DECLARATION OF SURPLUS PROPERTY PURSUANT TO AB 1486 – 622 AND 624 NORTH SAN GABRIEL AVENUE IN THE CITY OF AZUSA, CALIFORNIA, COUNTY OF LOS ANGELES, (APNs: 8611-004-912 & 913, and 8611-004-914) BACKGROUND & ANALYSIS: The Site The City of Azusa (“The City”) owns and controls real property located at 622 and 624 North San Gabriel Avenue (“Site”). The Site is made up of three parcels measuring approximately .48 acres. The northerly portion of the site includes an existing vacant building measuring approximately 8,000 square feet, and the southerly portion is a parking lot. The zoning designation for the subject property is TOD Specific Plan – Downtown Expansion District and its General Plan Land Use Designation is Downtown Expansion. The subject properties are located in Downtown Azusa and is bordered by a commercial building to the north, a public parking lot to the south, commercial businesses to the east, and a mix of commercial and residential properties to the west. The following map shows the subject parcels. APPROVED CITY COUNCIL 4/19/2021 Declaration of Surplus Property – 622 & 624 N. San Gabriel Avenue April 19, 2021 Page 2 of 4 AB 1486 / Surplus Land Act The California Surplus Land Act requires all local agencies to prioritize affordable housing, as well as parks and open space when disposing of surplus land. Given that the Site is located in a predominantly commercial district, it may ultimately be developed as a commercial land use. Nevertheless, in order to proceed to an eventual sale of the properties, it is necessary to comply with the Surplus Land Act. New legislation (AB 1486) which took effect on January 1, 2020 requires that before a local agency takes any action to dispose of land, the land must be declared either “surplus land” or “exempt surplus Declaration of Surplus Property – 622 & 624 N. San Gabriel Avenue April 19, 2021 Page 3 of 4 land,” as supported by written findings. “Surplus land” means the land owned by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. The City must take formal action declaring the subject City-owned property is surplus property. Adoption of the attached Resolution would declare the subject properties as non-exempt surplus land. Here, none of the eleven (11) exemptions apply to the Site. Upon the City’s determination that the subject properties are non-exempt surplus land, the procedures set forth in Government Code Section 54220 et seq. must be followed. Those procedures require the Successor Agency to offer the sale or lease of surplus land to certain public entities for a period of 60 days by transmitting a written notice of availability to those entities, including: 1. For the purpose of developing low and moderate income housing, a written notice of availability of the surplus land shall be sent to any “local public entity” as defined in Health and Safety Code 50079 within whose jurisdiction the surplus land is located and to “Housing Sponsors” that have notified the California Department of Housing and Community Development (HCD) of their interest in surplus land. 2. For open space purposes, a written notice of availability of the surplus land shall be sent to local park districts. 3. For the purpose of use by a school district for school facilities construction or open space purposes, a written notice of availability of surplus land shall be sent to the Azusa Unified School District. 4. To any other public entities with jurisdiction over the parcels of surplus land a written notice of availability. RECOMMENDATION: Find that the declaration of surplus property is exempt from environmental review pursuant to the California Environmental Quality Act; and adopt Resolution No. 2021-C17, declaring that the property located at 622 and 624 North San Gabriel Avenue (APNs: 8611-004-912 & 913, and 8611-004-914) is non-exempt surplus land and is no longer necessary for the City’s use and directing the City Manager to follow the procedures set forth in the Surplus Land Act, California Government Code Section 54220, et seq., as amended by AB 1486, for the sale of surplus land. ENVIRONMENTAL ANALYSIS The action is exempt from environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, § 2100 et seq.) and State CEQA Guidelines (Cal. Code Regs. Tit. 14, §15312) which applies to the declaration and sale of surplus government property. FISCAL IMPACT There is no fiscal impact related to this action. Declaration of Surplus Property – 622 & 624 N. San Gabriel Avenue April 19, 2021 Page 4 of 4 Prepared by: Reviewed by: Matt Marquez Marco Martinez Economic and Community Development Director City Attorney Fiscal Reviewed by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Resolution No. 2021-C17 & Exhibit A - Notice of Availability RESOLUTION NO. 2021-C17 A RESOLUTION OF THE CITY OF AZUSA DECLARING THAT THE PROPERTY LOCATED AT 622 AND 624 NORTH SAN GABRIEL AVENUE (APNs: 8611-004-912 & 913, and 8611-004-914) IS NON-EXEMPT SURPLUS LAND AND IS NO LONGER NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED BY AB 1486, FOR THE SALE OF SURPLUS LAND WHEREAS, the City of Azusa (the “City”) owns and controls property located at 622 and 624 North San Gabriel Avenue (consisting of APNs: 8611-004-912 & 913, and 8611-004-914) which consists of approximately .48 acres of land (the “Property”); WHEREAS, the Property is home to a vacant building and corresponding parking lot; WHEREAS, the Property’s zoning designation is TOD Specific Plan – Downtown Expansion District and its General Plan Land Use Designation is Downtown Expansion; WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020 (“AB 1486”), and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of any “surplus land”; and WHEREAS, the Property meets the definition of “surplus land,” as it is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and WHEREAS, City staff will have an appraisal of the Property performed to establish its fair market value; and WHEREAS, the City portion of the sale proceeds and property tax generated may provide funding to enhance City services, and the future development of the Property would eliminate blight and promote neighborhood livability and sustainability. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY OF AZUSA, AS FOLLOWS: SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by reference. SECTION 2. The City hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land, as defined in California Government Code section 54221, based on the true and correct written findings found in this Resolution and incorporated herein by reference. SECTION 3. The City hereby authorizes the City Manager or designee to send written notices of availability of the Property for sale (a form of which is attached hereto as Exhibit A), to negotiate the terms of a proposed sale of the Property to any beneficially interested person or entity, and to otherwise Attachment 1 follow the procedures of the Surplus Land Act, California Government Code section 54220., et seq., as amended on January 1, 2020, as applicable to a proposed sale of the Property. SECTION 4. Any proposed agreement for the sale of the Property shall be subject to the approval of the Successor Agency. SECTION 5. The sale of the Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development is proposed on the Property by a subsequent buyer, then that development will be reviewed under CEQA. SECTION 6. This Resolution shall take effect immediately upon its adoption by the City, and the Clerk of the Agency shall attest to and certify the vote adopting this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of April, 2021. ____________________________________ Robert Gonzales Mayor ATTEST: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2021-C17 was duly adopted by the City of Azusa, at a regular meeting held on the 19th day of April 2021, by the following vote of the Agency: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Marco Martinez City Attorney EXHIBIT A - NOTICE OF AVAILABILITY Date TO: Whom It May Concern RE: Notice of Availability of Surplus Land at 622 and 624 North San Gabriel Avenue in the City of Azusa Pursuant to California Government Code Section 54220 et seq. (the Surplus Land Act) Pursuant to the provisions of the Surplus Land Act, California Government Code Section 54220 et. seq. (the "Act”), the Successor Agency to the City of Azusa’s Redevelopment Agency (“Successor Agency”) hereby notifies those entities designated in Section 54222 of the Act of the availability for lease or purchase of the following Successor Agency land, for the purposes authorized in the Act, which land the Successor Agency has declared surplus prior to the disposition of the land by the Successor Agency, consistent with the Act and the Agency’s policies and procedures. APN ADDRESS SIZE (AC) ZONING GENERAL PLAN DESIGNATION CURRENT USE CURRENT OWNER 8611-004- 912 & 913 622 N. San Gabriel Ave. .16 TOD Specific Plan – Downtown Expansion District Downtown Expansion Parking Lot City of Azusa 8611-004- 914 624 N. San Gabriel Ave. .32 TOD Specific Plan – Downtown Expansion District Downtown Expansion Vacant Building City of Azusa In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the Successor Agency of your interest in acquiring the property. However, this offer shall not obligate the Successor Agency to sell the property to you. Instead, the Successor Agency would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, or lease terms, the Successor Agency may market the property to the general public. As required by Government Code Section 54227, if the Successor Agency receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level. In the event your agency or company is interested in purchasing the property, you must notify the Successor Agency in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. If you have any questions regarding the land, you may contact the City’s representative, Mr. Matt Marquez, at the email address listed below, or by responding to the cover email accompanying this transmittal. If interested in purchasing or leasing the land for an authorized purpose under the Act, you must notify the City in writing within 60 days of the date this Notice of Availability has been sent. Written notices must be sent, if at all, to, and must be received by, Date within said 60-day period at the following address. The receipt of an email or notice of regular mail by way of the United States Postal Services is acceptable. If by regular mail, we suggest that you send it via certified mail with return receipt requested. Please send written notices of interest to: Matt Marquez City of Azusa Director of Economic & Community Development Director 213 East Foothill Boulevard P.O. Box 1395 Azusa, CA 91702 mmarquez@azusaca.gov Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). The subject properties are located at 622 and 624 N. San Gabriel Avenue, Azusa, CA 91702. They are located south of the intersection of Foothill Boulevard and North San Gabriel Avenue, and situated on the easterly side of the street. In total, the properties measure approximately .48 acres, and are home to a vacant building and parking lot. The zoning designation for the site is TOD Specific Plan – Downtown Expansion District and the General Plan Land Use Designation is Downtown Expansion.